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University of Cincinnati College of Law
University of Cincinnati College of Law Negotiation Syllabus Spring 2015 [Initial version, subject to change as the semester progresses] Marjorie Corman Aaron Professor of Practice and Director, Center for Practice, University of Cincinnati College of Law All students must register with TWEN. Introduction to Required and Alternative Course Readings: You will be required to complete readings from three sources: (1) a short negotiation book (Max Bazerman and Margaret Neale. Negotiating Rationally. Free Press, 1992) that is accessible and affordable; (2) a selection of articles relating to each week’s in-class exercises, posted on TWEN and also available in hard copy in a notebook on closed reserve in the library (3) negotiation simulations/exercises; Note that if you prefer more choice as to articles read each week, you are free to select related chapters in The Negotiator’s Fieldbook, edited by Andrea Kupfer Schneider and Christopher Honeyman (ABA Section of Dispute Resolution: 2006) or from The Handbook of Dispute Resolution, edited by Michael L. Moffitt and Robert C. Bordone (a publication of the Program on Negotiation at Harvard Law School, Jossey-Bass, 2005). I will seek to make a copy of each of these books available on closed reserve for this course. NOTE: All articles have been indexed with a two number system to facilitate finding the readings on TWEN (Example: The three readings from week one are labeled 1.1, 1.2, and 1.3 in syllabus. The actual articles located in the Resources section of the TWEN course will carry the same label). (1) Exercises and Role Simulations Role information for class negotiations will usually be handed out in class. These are absolutely essential reading for participation in the class. Students are required to pay $26.50 to the College of Law - the direct cost charged for these copyrighted materials. (We are working on the best way to administer collection of this charge.) Please note that materials written by the professor and a number of her colleagues are used without charge. (2) Text: Max Bazerman and Margaret Neale. Negotiating Rationally. Free Press, 1992. Negotiation Syllabus Spring 2015 Page 2 (3) Articles: On TWEN and in the Negotiation Course Reader (“The Reader”) - This syllabus references articles that are available on the Course’s TWEN site and also in a notebook titled ‘Negotiation Course Reader” on reserve in the law school’s library. Additional, Excellent Books for Your Optional Reference (in rough chronological order): Howard Raiffa. The Art and Science of Negotiation. Cambridge, Mass: The Belknap Press of Harvard University Press, 1982. Instructor’s note: The math challenged could read half of each chapter, skip the equations, and benefit greatly. This is the original work which set the stage for just about all that has followed. None are better, in your professor’s view. Roger Fisher, William Ury, and Bruce Patton. Getting to Yes: Negotiating Agreements Without Giving In. 2nd edition. New York: Penguin, 1991. William Ury. Getting Past No: Negotiating Your Way From Confrontation to Cooperation. New York: Bantam Books, 1991, 1993. Deborah Kolb and Judith Williams. The Shadow Negotiation. New York: Simon & Schuster, 2000. Harvard Business Essentials: Negotiation. Harvard Business School Publishing Corporation, 2003. Robert Mnookin, Scott Peppett, and Drew Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes. Belknap Press of Harvard University Press, 2004. G. Richard Shell. Bargaining for Advantage: Negotiation Strategies for Reasonable People, 2d. ed., Penguin 2006. Howard Raiffa, John Richardson, and David Metcalfe. Negotiation Analysis: The Science and Art of Collaborative Decision Making. Belknap Press of Harvard University Press 2007. David Lax and James Sebenius, 3D Negotiation: Powerful Tools to Change the Game in Your Most Important Deals. Harvard Business Press, 2006. Gerald R. Williams and Charles B. Craver. Legal Negotiating. Thomson West, 2007. Melissa L. Nelken. Negotiation: Theory and Practice, 2nd Edition. LexisNexis, 2007. Negotiation Syllabus Spring 2015 Page 3 Deepak Malhotra and Max Bazerman. Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond. Bantam 2008. Korobkin. Negotiation: Theory and Strategy. Aspen Publishers, 2010 Roy Lewicki, Bruce Barry, and David Saunders. Essentials of Negotiation. McGrawHill/Irwin 2010. Michael Wheeler. The Art of Negotiation: How to Improvise Agreement in a Chaotic World. Simon & Schuster 2013. Preparation for Class 1 (January 18, 2011) On TWEN and in The Reader: 1.1 A. Schneider. “Perceptions, Reputation, and Reality: An empirical study of negotiation skills.” Dispute Resolution Magazine vol. 6 no. 4 (Summer 2000): pp.2428. 1.2 J. Dolan. “How to Prepare for any Negotiation.” Dispute Resolution Journal vol. 61 Issue 2 (2006) 64-66. 1.3 Roy Lewicki and Barbara Bunker. “Trust in Relationships: A Model of Development and Decline.” pp.133-69. 1.4 M. Deutsch. (Commentary) “Cooperation: The Fragile State.” pp.253-57. Class 1 – January 20, 2015: Jump in to Winning Win As Much As You Can and other exercises Course overview and methodology Administrative matters Self-Introductions – Portrait of a Negotiator as a Law Student Distribution of next week’s simulations Post Class: Write Journal Entry relating to exercises and themes raised in Class 1. Be sure to include an initial assessment of your negotiation “base line” – what you suspect will be your negotiation strengths, weaknesses, tendencies, based upon past experience. See course memorandum regarding the Negotiation Course Journal. Negotiation Syllabus Spring 2015 Page 4 Preparation for Class 2 (January 27, 2015) Read: Confidential instructions for Settle for More or Less and Salt Harbor Selections from Negotiating Rationally pp.1-5, 9-15, 49-55, 67-76,105-115,160-170. On TWEN or in The Reader: 2.1 M. Wheeler. “Negotiation Analysis: An Introduction.” Business Fundamentals As Taught at the Harvard Business School: Negotiation. Harvard Business School Publishing, 2001. pp. 3-16. 2.2 R. Sapolsky. “Playing Games: Theory Insights into Getting What You Want.” Alternatives 20 (Sept. 2002): pp.135, 162-63, 165. Instructor’s note: Read for integration of points in Class 1. 2.3 D. Orr and C. Guthrie. “Anchoring, Information, Expertise, and Negotiation: New Insight from Meta-Analysis.” Ohio State Dispute Resolution Journal vol. 21, issue 3 (2005) 597-628. Class 2 – Jan. 27, 2015: Competing, Distributing and Claiming: Aspiration? Anathema? Whether to play the game and how to play it! Negotiate Settle for More or Less Negotiate Salt Harbor Debriefing/Lecturette Preparation for Class 3 (February 3, 2015) Write: Journal Entry on Class 2. Read: Confidential Instructions for Altering the Terrain and Discount Marketplace Selections from Negotiating Rationally: pp.16 – 22, 23 – 30, 67 – 76 (yes, again), 77-101. On TWEN or in the Reader: Negotiation Syllabus Spring 2015 Page 5 3.1 John Carlisle and Neil Rackham. The Behavior of Successful Negotiators: A Report Purcelleville: Huthwaite, (1994). 3.2 G. Richard Shell. Bargaining for Advantage: Negotiation Strategies for Reasonable People. Penguin Books, 1999. pp.201-34. 3.3 R. Korobkin. Negotiation: Theory and Strategy. Aspen Publishers, 2010. pp. 38792. Please note that there is a great deal of reading for the February 10 session. It would be a good idea to start now. The gender and culture materials are interesting and applicable in any week! Class 3 – Feb. 3, 2015 Cutthroat, Cooperation, Creativity: How & when to play another way Negotiate Altering the Terrain; short discussion Negotiate Discount Marketplace; debriefing Post Class: Write and email to Professor Aaron, by noon on Sunday, February 8: (1) A complete draft of the terms of your Discount Marketplace agreement. This can be sent in by one designee of the group. (If you didn’t reach agreement, each side should record the terms of their last offer. (2) A short memo (email format is fine), discussing what seemed to work well and not so well in your Discount Marketplace negotiation, and why. At minimum, please address these questions: What strategic choices or behaviors seemed to be effective for reaching agreement on favorable terms? Why or how were they effective? What roadblocks or unproductive strategies were employed by either side, and what impact did these have? Can you identify and discuss any “turning points” in the negotiation – interactions that shifted the dynamics or the focus, for better or worse. Post Class: Write Journal Entry related to themes raised and simulations negotiated in Class 3. Note that the first THREE Journal Entries are due in Class 4 on February 10. However, students MAY opt to turn in their first three Journal Entries on Friday, Feb. 6. The sooner I receive them, the sooner I will REVIEW AND MARK THEM UP, PROVIDING COMMENTS, CRITIQUE and GUIDANCE. Note, only those students who turn in journal entries will benefit from feedback. Also, note that all students are advised to annotate these initial entries based upon what they learn later in the course. I do not GRADE submissions at this time. Negotiation Syllabus Spring 2015 Page 6 Preparation for Class 4 (Feb 10, 2015) Read: 4.1 Melissa Nelken. “Negotiation and Psychoanalysis: If I’d Wanted to Learn About Feelings, I Wouldn’t Have Gone to Law School.” Journal of Legal Education 46 (1996): pp.420-29. 4.2 G. Richard Shell. “A Note on Your Personal Negotiation Style.” Bargaining for Advantage. New York: Penguin Books, 1999. pp. 244-46. 4.3 Ian Ayres. “Fair Driving: Gender and Race Discrimination in Retail Car Negotiations.” HARVARD LAW REVIEW vol.104 no. 4 (February, 1991): pp.817-872. Instructor’s note: For the purposes of this class, you can skip the legal analysis in the article, which begins at page 863. Just focus on the experimental design, implementation, analysis and conclusions. Of course, you are welcome to read the discussion of legal issues as a matter of law student interest. 4.4 C. Craver. “The Impact of Ethnicity and Gender.” Effective Legal Negotiation and Settlement, 5th edition. Matthew Bender, 2005. pp.385-404. 4.5 Bowles, Hannah Riley; McGinn, Kathleen L., “Gender in Job Negotiations: A Two-Level Game,” Negotiation Journal, Vo. 24, Issue: 4, Date: October 2008, pp. 393410, available at http://journals.ohiolink.edu.proxy.libraries.uc.edu/search/search.do?query=negotiation&fi eld=journal&op1=AND&query2=game+theory&query2=game%20theory&field2=abstrac t&op2=AND&query3=&field3=contents&op_year1=ge&year1=&op_year2=le&year2=& category=&maxresults=30&sort=revchron&startat=31 4.6 F. Greig. “Propensity to Negotiate and Career Advancement: Evidence from an Investment Bank that Women Are on a ‘Slow Elevator.’” Negotiation Journal Vol. 24; 4 (2008) 495-508. 4.7 L. Kray and C. Locke. “To Flirt or Not to Flirt? Sexual Power at the Bargaining Table.” Negotiation Journal Vol. 24; 4 (2008) 483-493. 4.8 Rosenblat, Tanya S., “The Beauty Premium: Physical Attractiveness and Gender in Dictator Games,” Negotiation Journal, Vol. 24, Issue 4, October 2008, 465-481, available at Negotiation Syllabus Spring 2015 Page 7 http://journals.ohiolink.edu.proxy.libraries.uc.edu/ejc/pdf.cgi/Rosenblat_Tanya_S.pdf?iss n=07484526&issue=v24i0004&article=465_tbppaagidg Optional additional reading on Gender in Negotiation: You may also be interested in reading or consulting any of the following books and articles relating to gender issues. (This is just a sampling. There are many, many more.) Even if not now, you might consider consulting one or more in the future. Linda Babcock and Sara Laschever. Women Don’t Ask: The High Cost of Avoiding Negotiation and Positive Strategies for Change. Bantam Books: 2007. Carol Gilligan. In a Different Voice. Harvard University Press, 1982. Kolb, Deborah M., “Too Bad for the Women or Does It Have to Be? Gender and Negotiation Research over the Past Twenty-Five Years,” Negotiation Journal, Vo. 25, Issue 4 (Oct. 2009), available at http://journals.ohiolink.edu.proxy.libraries.uc.edu/ejc/article.cgi?issn=07484526&issue=v 25i0004&article=515_tbftworotpty&search_term=%28journal%3D%28negotiation%29a bstract%3D%28game+theory%29%29 Deborah Tannen. Gender & Discourse. Oxford University Press, 1994, 1996. Deborah Tannen. That’s Not What I Meant: How Conversational Style Makes or Breaks Relationships. Ballantine Books, 1986. Class 4 –Feb. 10, 2015 Grand Analytical Summary, before the REAL Problem: PEOPLE Negotiate: Personality, Gender, Culture and Conflict - Assumptions, Advantages, and Strategies Grand Summary Kilman Modes Conflict Assessment Exercise This is deal-making; what do gender, culture and people have to do with it? [Time Permitting] Aspects of Communication in Openings and Beyond Preparation for Class Five Read In the Reader or on TWEN: 5.1 John Carlisle and Neil Rackham. The Behavior of Successful Negotiators: A Report Purcelleville: Huthwaite (1994). [This should be review] Negotiation Syllabus Winter 2011 Page 8 5.2 Michael Wheeler. “Anxious Moments: Openings in Negotiations.” Negotiation Journal (April 2004): pp.155-68. 5.3 “The Crucial First Five Minutes.” Negotiation Vol. 10; 10 (Oct. 2007) 1-3. 5.4 “How body language affects negotiations.” Negotiation Vol. 11;11 (Nov. 2008) 4-7. Read: Assigned information for next week’s in-class recorded negotiations, Salon Madness (or a new case, TBA) and Kiwi Pharming Class 5 – February 17, 2015 Deep Breath AND Diving Into Fishbowls & Movies From Analysis to Observation and Implementation In-class movie making – STUDENT and LAWYER PRODUCTIONS – NEGOTIATION, OBSERVATIONS, and CRITIQUES in Salon Madness and Kiwi Pharming. Post Class: There is no journal entry due directly from this class. However, I imagine your experience will be reflected (at least) in your final summary entry. Post Class: Write a brief (one to two page) critique/analysis of your observed classmate pair’s negotiation. Review the video of your own negotiation and select segments for review with the professor. Post Class: Write a sentence or short paragraph on each segment, stating why you chose it for review – what you think it demonstrates. With your negotiation counterpart, schedule a video review session with the professor, between Feburary 18 and February 27, if possible. (A sign-up schedule will be available in class or on TWEN.) Preparation for Class 6 (Feb. 24, 2015) Read: Confidential Information for MAPO and prepare for Planning Meeting with Team I strongly advise you to prepare for the MAPO Team planning by thoroughly reviewing and analyzing the facts and numbers, and considering your approach before meeting with your team. Read: Selections from Negotiating Rationally: pp. 116-139. Read: On TWEN or in the Reader Negotiation Syllabus Winter 2011 Page 9 6.1 Jeanne M. Brett. “Negotiating Group Decisions.” Negotiation Journal (July, 1991): pp. 291-310. Course Reader, closed reserve. 6.2 Irving Janis. Victims of Groupthink. Houghton Mifflin, 1972. pp. 8-13, 35-49, 20724. 6.3 Howard Raiffa. The Art and Science of Negotiation. Cambridge, MA: Belknap Press of Harvard University Press, 1982. pp. 257-73. 6.4 Scott Plous. “Group Judgment Decisions.” The Psychology of Judgment and Decision Making. McGraw Hill, 1993. pp. 205-14. Class 6 –Feb. 24, 2015: Diving Into Fishbowls; Lego in Law School; MAPO Prep From Analysis to Observation and Implementation Fishbowl demonstrations and critique of opening choices/Style Get Ready with Lego On to MAPO team prep Preparation for Class 7 (March 3, 2015) Write (recommended): Journal notes. Remember that you will be required to write a journal entry regarding MAPO (combining weeks 5 & 6). I recommend that you record notes from your Class 5’s Lego exercise and your planning meeting in furtherance of the MAPO entry. Prepare for MAPO Negotiation Read: Selections from Negotiating Rationally: pp.31-48. On TWEN and In The Reader: 7.1 D. Malhotra. “The Fine Art of Making Concessions.” Negotiation (Jan. 2006) 3-5. . Optional, but required for students assigned to facilitate group meetings or negotiations: 7.2 Roger M. Schwarz. The Skilled Facilitator. Jossey Bass: John Wiley and Sons, 1994. pp. 67-88. NOTE: Class on March 3, will meet from 4:00 P.M. – 9:00 P.M. (4:00 - 7:00 MAPO Negotiations, (Pizza???) break, and then Debriefing 7:30 – 9:00.) Negotiation Syllabus Spring 2015 Page 10 Class 7 –March 3, 2015, A Team of Hard-Nosed Problems Negotiate MAPO to conclusion! Break! (Pizza???) Late Night Debriefing HEADS UP for BIO-CON v. MICROTEX - THE NEXT BIG THING The next “Big Thing” in this course is the Bio Con Microtex Negotiation. It is important that you review instructions for Bio-Con v. Microtex, our “real” business client negotiation exercise, just in case you have any questions. Your assigned clients will have received their confidential information on or before February 25. I strongly advise you to get in touch with your clients ASAP to set up a meeting, AT YOUR CLIENT’S CONVENIENCE, preferably sometime between March 9 and March 13. It’s also a good idea to start determining what dates your client will have available for the final four-way negotiation meeting, to take place between March 23 and March 27. There will be no class meeting on March 15, with the understanding that student lawyers and clients will be meeting to negotiate Bio-Con/Microtex that week. Preparation for Class 8 (March 10, 2015) Write: Journal entry regarding MAPO (combining weeks 6 & 7). Read & prepare: lawyer & client role information for Mumbai Partners & Med Pro Of course, you will also have read your information for Bio Con v. Microtex and will have already set up a meeting with your client! Read: Selections from Negotiating Rationally: pp.171-75. On TWEN and in The Reader: 8.1 Richard Birke. “Settlement Psychology: When Decision-Making Processes Fail.” Alternatives 18 (December 2000): p.203. 8.2 Wayne Brazil, “Professionalism and Misguided Negotiating,” ch. 78, pp. 687-697, in The Fieldbook, but copied into The Reader and on TWEN. 8.3 Russell Korobkin, The Role of Law in Settlement, ch. 17, pp. 254-276 (in The Handbook but copied into the Reader and on TWEN). 8.4 ALI-ABA. “Client Interviewing.” in Skills and Ethics in the Practice of Law, 3-13. American Law Institute-American Bar Association, 1993. Negotiation Syllabus Spring 2015 Page 11 8.5 Bad News and the Fully Informed Client,” Chapter 1 in M. Aaron, Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities. Oxford University Press, 2012. (Students who have taken Client Counseling – Dispute Context will already be familiar with this chapter.) Note: the following reading two readings are listed for week 8, but you may delay and just read prior to your Bio-Con v. Microtex negotiation. 8.6 Scott Plous. The Psychology of Judgment and Decision Making. McGraw Hill, 1996. pp. 64-76. Class 8 – March 10, 2015 Negotiating with and on behalf of Clients Some video pre-views Practice and Demonstration in Mumbai Partners vs. Med Pro Write (Recommended): While it is fresh in your mind, I strongly recommend that you write notes regarding your client meeting and preparation in Bio-Con Microtex. The Bio-Con Microtex journal entry should include reflections on preparation, the negotiation and what you learned in retrospect (from class debriefing, other results, readings, etc.). SPRING BREAK [NO CLASS DURING THE WEEK OF MARCH 23-27, 2015 Students and their clients will be negotiating Bio-Con Microtex this week!] Preparation for the Bio-Con v. Microtex Negotiations, and for the post-Negotiation Class DO fill out the Bio-Con Microtex case assessment form PRIOR to your negotiation and ask your client to do so as well. Please hand it in, or scan and email it to Mindy Lawson (with a cc to me), or submit it on TWEN, as soon as it’s done. Note that the readings 9.1 and 9.2 are specifically intended for Bio-Con/Microtex negotiations. So I suggest reading them before you negotiate. On TWEN or in The Reader: 9.1 D. Shapiro. “A Negotiator’s Guide to Emotion: Four laws to effective practice.” Dispute Resolution Journal 7 (Winter 2001): pp.3-8. Course Reader, closed reserve. 9.2 The Fish and Dragonfly Exercise- excerpted by Mary Thompson from Marla Del Collins. “Transcending Dualistic Thinking in Conflict Resolution. “ Negotiation Journal Negotiation Syllabus Spring 2015 Page 12 (April 2005): pp.263-80. 9.3 Selections from Negotiating Rationally: pp.56-64. 9.4 “Fair Enough,” Chapter 13 in M. Wheeler. The Art of Negotiation: How to Improvise Agreement in a Chaotic World. Simon & Shuster (2013): pp. 236-255. Preparation for Class 9 (March 31, 2015) If you haven’t already done so, please hand in both forms (yours and your client’s) to Mindy Lawson or submit on TWEN, BEFORE YOU NEGOTIATE, if possible. Even if you hand these in after your negotiation, you should have filled them put PRIOR to negotiating. In any event, the final deadline for submission is Friday, March 27, 2015. Please email me a report of your Bio-Con Microtex settlements AS SOON AS YOUR NEGOTIATION IS COMPLETE. If your group reached impasse, please let me know the last offer/terms of last proposal from Microtex and that last demand/terms of last proposal from BioCon. In your email, I would appreciate a sentence or two about the tenor of the negotiation: How did your approach it? What would you do differently? What was most difficult? Where there any helpful or disastrous turning points? Class 9 –March 31, 2015 Facing the Alternatives; Ethics, & Media Platforms Debrief Bio-Con Microtex Negotiation Exercise Negotiating settlement under conditions of conflict Negotiating Ethics Across Media Platforms, and in Practice-Based Time Chunks Preparation for Class 10 (April 6, 2015) Read: In the Reader: 10.1 M. Watkins. “Dynamic Negotiation: Seven Propositions About Complex Negotiations.” Business Fundamentals As Taught at the Harvard Business School: Negotiation. Harvard Business School Publishing, 2001. pp.119-136. 10.2 Edward DeBono. Parallel Thinking: From Socratic to DeBono Thinking 2d edition. Penguin Books, 1995. pp.25-35, 117-29. 10.3 M. Wheeler. “Closing the Deal.” Negotiation (Apr. 2006) 3-5. 10.4 Kathleen McGinn, Elizabeth Long Lingo, and Karin Ciano. “Transitions through Out of Keeping Acts.” Negotiation Journal (April 2004): pp171-184. Negotiation Syllabus Spring 2015 Page 13 Class 10 – April 6, 2015 In the Moment and In Real Time to the End of Our Time Persistent Problems? Tough Stuff? Negotiation Challenges! Let’s tackle them! On Creativity and Presence Negotiation Practice In the Moment and In Real Time to the End of Our Time (We will also work on some topics generated or selected by the class in the prior session.) Wrapping it Up Negotiation Syllabus Spring 2015 Page 14 FINAL INFORMATION REGARDING GRADING AND SUBMITTED ASSIGNMENTS: 1. Five Negotiation Journal Entries – 40% of Final Grade REMEMBER TO ANNOTATE JOURNAL ENTRIES FROM THE SEMESTER, AS APPROPRIATE. REMEMBER THAT SUCCESSFUL JOURNALS WILL DISCUSS AND INTEGRATE COURSE READINGS. Your Final Negotiation Journals Should Consist of 5 entries (approx. 3-4 pages each) linked to specific classes and their negotiation exercises, including: Entries for each of Classes 1, 2, 3 (covering themes raised by the simulations/exercises, in class discussion, and in related assigned reading, but also including later annotations of insights from any subsequent week, applied to your analysis of that week.) A MAPO entry (covering group process/planning lessons from Lego and applied in MAPO, the MAPO negotiation, and the aftermath – your negotiation strategies, process, results, insights from reflection, discussion, readings, etc.); A Bio-Con Microtex Entry (covering client preparation, your negotiation process, strategies, progress, and the aftermath – results, insights from reflection, discussion and readings, etc.) A more detailed description of the journal requirement and what makes a successful journal is contained in the course memorandum, posted on TWEN. 2. Negotiation Video (with analysis) Or Negotiation Simulation (with analysis) – or Wild Card Option (see description in the course memorandum ) - 40% Students may work in pairs for production of a video, but their analysis should be done separately. I will be glad to supply a simulation exercise for students opting to do a video. 3. Class Participation – 20% Attendance and well prepared participation in all course negotiation simulations and exercises and in class discussion. A more detailed description of the course attendance policy and criteria for the class participation grade is contained in the course memorandum, posted on TWEN.